Some follow ups on the main lawsuits between JYJ and SM Entertainment
Some follow ups on the main lawsuits between JYJ and SM Entertainment
*Before you read, the basic information about the current cases will be helpful for you to understand.
There are 2 main lawsuit cases being processed in the court.
(1) The lawsuit to verify ‘invalidity’ of the exclusive contract (= Case No.1)
: This is the one that the three members filed against SM Entertainment in order to terminate the unfair contract and claim for damages.
The members’ lawyers expected that this main case would take a long time, so they filed ‘injunction to terminate the validity of the exclusive contract’ in 2009 in order to ensure the members’ free activities.
As you all know, the court decided in the members’ favour and ordered that 1) the validity of the exclusive contract between JYJ and SME would be temporarily terminated until the main lawsuit is concluded, 2) the three members are free to have entertainment activities, 3) SME cannot make any contracts related to entertainment activities on behalf of the three members without their consents and 4) SME cannot interfere any kinds of entertainment activities of the members during the lawsuit process.
- SME filed an objection against this orders, but it was rejected by the court.
– SME also filed another injunction to terminate the exclusive contract between JYJ and C-JeS Entertainment, but it was also rejected by the court as the court acknowledged that JYJ only made a contract to handle management business as an agency and never made ‘exclusive’ contract with C-JeS.
– The court also made ‘indirect order’ that SME cannot interfere JYJ’s activities, and would be pay 20,000,000 KRW as penalty when every time such behaviour is found.
(Well clearly SME does not seem to care this order, but also this is the reason that it never has blood on its direct hands. They do all kinds of dirty things unofficially, through other organisation such as KFPCAI.)
Anyway, the detailed injunctions and other orders were all decided in favour of JYJ and now the main lawsuit (case No. 1) is under process at the Seoul Central District Court as a civil case.
(2) The lawsuit to verify ‘validity’ of the exclusive contract (=Case No. 2)
This is the one that SME filed against the three members as counter-suit in order to claim that its exclusive contract has no problems and the members should pay damages to SME.
As the both cases have almost same documents, witnesses and other details, the court decided to handle the 2 cases at the same time.
As you all know, SME has tried almost every possible thing to postpone the final conclusion of the cases as it is highly expected to lose the cases.
And on May 15th 2012, the case No.2 (SME’s counter-suit)’s hearing finally came to a conclusion and now only Case No. 1 (the one JYJ filed against SME) is remaining in the court.
[Note: The other details are not known because only basic information such as the dates is open public.]
To finalise current situation,
- SME’s counter-suit and claim for damage against JYJ is now concluded.
- JYJ’s lawsuit to terminate the exclusive contract and claim for damage against SM is remaining.
: If the exclusive contract had been ‘valid’ as SM insisted, JYJ’s claim would not have been remained.
Based on the fact that now there are only the three members’ lawsuit and claim for damage against SME, which could not have been remained if the contract had been valid, it seems very likely that the contract would be terminated and now there will be only the arguments between them ‘how much SME would have to pay JYJ as damages’.
Unfortunately Korean law takes Dreiinstanzen system**, it seems also likely that SME would appeal against the final ruling so that it can delay this as long as possible.
Anyway the end of this long-lasting legal process is really coming and some rumors seem to be spread again by some people, so I just wanted to clarify some facts before they go too far.
Next hearing will be in June.
**Dreiinstanzen system: The legal system that people can have a trial 3 times per a case.
(EX: First trial at District court -> Second trail at Appeal court -> Final trial at the Supreme Court)
Credit: http://dedicatee.wordpress.com
Shared by: 6002sky
Reblogged this on luminarytriad.
Thank you for the update. Glad it is progressing though slowly.
Thank you for the update. I didn’t even know there was a final hearing in may. Wow~
All the best for JYJ.
Thank you so much for the update. Worry and frustration about the lawsuit is something always runs in the background of my mind. Not knowing what is happening always makes it worse. It is incredible to think this is only phase one of three. But in the end, I don’t expect the conclusion of the lawsuit to have any effect upon tv stations and their decisions to block JYJ. The lawsuit is just an excuse anyway. The real reason is they are afraid of SME’s power. I have decided that the only solution is for JYJ to become bigger than SME’s whole operation. Then the tv stations will switch allegiance to JYJ. It sounds impossible now, but in time, I’m not sure. I know that Int’l. fans hold the key, though.
@Lisa
“But in the end, I don’t expect the conclusion of the lawsuit to have any effect upon tv stations and their decisions to block JYJ. The lawsuit is just an excuse anyway.”
MTE! To me, at this point at least, it seems SME is still above the law itself and sadly, nobody can or dare to do anything about it.
End of the day, even if everything were to turn in JYJ’s favour, it wouldn’t make much difference still. That is reality.
To me, the only way to beat SME is to become bigger and more influential than them, which is difficult but not impossible.
Regardless, I still hope end of the day, justice will be served like how it should be served.
I hope JYJ wins it. Our boyz deserve this much after all that they’ve been through.
JYJ fighting~!!!
Hope the law suit will be solve soon. So JYJ will be free to broadcasting. I really want to see JYJ in music charts. I’m sure they will free someday, just hang on and still fighting for their own freedom. Fighting JYJ!!!
THANKS FOR CLEAR THE THINGS UP TO US ^^
Thanks for posting this update.
Pray for the best…..hope it will end soon…..^^
Pingback: Super Show 4 successfully ended in Seoul, HoMin made an all-kill on japanese music sites & a lot of random talk | Xiah`s dragon empress / 김상미